Special Masters, Trump Rally, Removing Insurrectionists, Labor Laws

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Mike & Jay open the episode with a discussion of Judge Aileen Cannon’s order to appoint a special master to review the Trump Mar-a-Lago raid documents. Mike agrees with many legal analysts (including former Trump Attorney General Bill Barr) that the ruling is on shaky legal ground but sees is as politically wise. Jay agrees, though he thinks that Cannon’s order is more defensible than Mike believes it is.

Next, they turn to Donald Trump’s Pennsylvania rally, which was full of the usual Trump tropes – wild unsupported assertions, airing of grievances, as well as the occasional mention of the candidates he was ostensibly there to support. Mike and Jay agree that Trump may have willingly walked into a trap set by Biden and Democrats, who are eager to make the upcoming midterm elections about Trump. But Jay doesn’t think that it’s likely to move the needle much, while Mike cautions his fellow Democrats to not be too surprised if Republicans end up with control of both chambers in January of 2025.

Then it’s a look at the decision of a New Mexico judge who removed county commissioned Couy Griffin from office, citing his violation of the 14th Amendment’s Insurrection Clause. Mike & Jay agree that what Griffin did doesn’t amount to insurrection, and that it’s a bad precedent for judges to start deciding that those convicted of no more than misdemeanors are insurrectionists who are barred from office.

Finally, they discuss California’s Fast Food Accountability and Standards Recovery Act, which Governor Newsome signed into law on Labor Day. Mike really likes the sectoral bargaining basis of the law, but he was disappointed in finding no good analyses of the costs and benefits of the legislation. Jay comes out firing, as he hates pretty much everything about the new law.

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